Eckstein v. Colian, 2012 Ohio 4038

Appellant Colian appeals a trial court order issuing a five-year domestic violence civil protection order (DVCPO) against him after a March 27, 2011 incident with Kathryn Eckstein.
Kathryn Eckstein and Colian were divorced in 2008 and share two minor children; Colian came to Eckstein's home to exchange the children.
During the exchange, Colian, accompanied by his fiancée Mandy Grimes, argued with Eckstein; Eckstein was punched in the head.
Eckstein required hospital treatment and was diagnosed with a concussion, with ongoing headaches and neck pain.
Witnesses included Eckstein’s parents Barbara and Michael Eckstein and Grimes; the witnesses testified to the confrontation and Eckstein’s fear of Colian.
The magistrate found Colian not credible and granted the DVCPO based on credible evidence of domestic violence and fear of further harm.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the DVCPO was warranted by the evidence.	Eckstein shows domestic violence and danger to family.	Colian denies violence and argues weight of evidence undermines the order.	Yes; the DVCPO affirmed based on competent, credible evidence.

Rosine v. Rosine, 7th Dist. No. 09-MA-18, 2010-Ohio-613 (Ohio 2010) (appellate review gives deference to trial court credibility findings)
C.E. Morris v. Foley Construction Co., 54 Ohio St.2d 279, 376 N.E.2d 578 (1978) (Ohio 1978) (preponderance standard for protective orders)
State v. Stumpf, 32 Ohio St.3d 95, 512 N.E.2d 598 (1987) (Ohio 1987) (definition of preponderance of the evidence)
Felton v. Felton, 79 Ohio St.3d 34, 679 N.E.2d 672 (1997) (Ohio 1997) (requires showing of danger of domestic violence by preponderance of the evidence)
State v. Treesh, 90 Ohio St.3d 460, 739 N.E.2d 749 (2001) (Ohio 2001) (circumstantial evidence carries probative value equal to direct evidence)
Cross v. Ledford, 161 Ohio St. 469, 120 N.E.2d 118 (1954) (Ohio 1954) (emphasizes weight of witness credibility in resolving facts)